1 THE NEW WORLD ORDER OF ECONOMIC RELATIONS POSITION PAPER Submitted by Alfredo De Jesús O., and José Ricardo Feris at the Beaune Meeting of September 27, 2014, on THE NEW WORLD ORDER OF ECONOMIC RELATIONS IN THE LIGHT OF ARBITRAL JURISPRUDENCE Alfredo De Jesús O., is an Associate Member of the CREDIMI-CNRS and José Ricardo Feris is the Deputy Secretary General of the ICC International Court of Arbitration. Any opinions expressed in this Position Paper belong to the authors alone and will not in any circumstances bind the ICC International Court of Arbitration or its Secretariat or the CREDIMI-CNRS.
2 We submit that in the era of economic globalization markets have established a new world order of economic relations. This new world order is governed by a plurality of transnational legal orders and networks of transnational rules of law and arbitration is often one of their organs of governance and preferred method of dispute resolution. We further submit that modern arbitral decision making provides evidence of the existence of this new world order as is reflected in arbitral decisions. We finally submit that such arbitral decisions are legitimate insofar as they are rendered within an appropriate theoretical legal model recognized and accepted as such by the economic operators at the receiving end of such arbitral decisions. The first objective of the Beaune Meeting is to assess modern arbitral jurisprudence and to identify the elements that may constitute evidence of this new order. The second objective of the Beaune Meeting is to reflect on a new paradigm or a theoretical legal model that would explain the reality of modern arbitral decisions as we see it nowadays and would enhance their legitimacy towards the future. While other theories and conclusions may result out of this reflection process, this paper presents a candidate theory to explain this reality that will serve, at least, as a starting point for our debate. THE REALITY OF THE NEW WORLD ORDER OF ECONOMIC RELATIONS The new world order of economic relations emerges as a consequence of the impact of globalization along with the progressive decline of the theoretical models that placed the Nation-State at the center of the economy and the rule of law. This new world order may be ascertained by the observation of three phenomenons: the globalization of the economy, the globalization of contract law and the globalization of arbitration law. From an International Economy to a Global Economy Professor Charles-Albert Michalet describes economic globalization as the process of transformation of the economy from an international to a global logic, coupled by the momentary predominance, from time to time, of one of the following three dimensions of globalization: exchanges of goods and services,
3 flows of foreign direct investments and circulation of capitals. In this regard, Professor Michalet distinguishes three models or phases of globalization: (i) the International Model from the advent of capitalism until the 1960s, a model based on the idea of State sovereignty and in the exchange of goods and services between Nation-States, where national territories were at the core of the system (ii) the Multinational Model, from the 1960s until the 1980s, a model that was largely based on the emergence of multinationals, the flow of foreign direct investment, the delocalization of economic activities and where the Nation-State and national territories were a mere part of the economic puzzle; and (iii) the Global or Transnational Model from the 1980s onwards, characterized by the dominance of the financial dimension, the weakening of the Nation-State, the loss of national champions and the dilution of national territories 1. The progressive decline of the role of the Nation-State in the world economy had a direct impact on economic science as well as on the law of contracts and arbitration- two major instruments of the globalization of the rule of law. And of course, this impact has had a different degree of intensity depending on the economic model or period. Indeed, while the international and multinational economic models didn t encourage a real internationalization or multinationalization of the law of contracts and arbitration, the global model did favor the emergence of a global model of the law of contracts and arbitration. As a result thereof, today, in the era of economic globalization, the law of contracts and arbitration no longer follows the logic of the State-centered international and multinational models of economy. Economic globalization has encouraged the emergence of a global law of contracts and arbitration as is reflected in a new language and terminology: we now talk about transnational contracts and transnational arbitration. From International Contracts to Transnational Contracts Regarding the evolution of contract law from the International Model to the Global or Transnational Model, it is interesting to note that during the periods of international and multinational economies, contracts were not subject to a rule of law of the same international or multinational nature. Instead, the method 1 Charles-Albert MICHALET, Qu est-ce que la mondialisation?, La Découverte, Paris, Mondialisation, la grande rupture, La Découverte, Paris, «Les métamorphoses de la mondialisation, une approche économique, in La mondialisation du droit (Dir. Eric Loquin et Catherine Kessedjian), CREDIMI, Volume 19, Université de Bourgogne, Litec, 2000, p. 11.
4 conceived to regulate contracts in the international or multinational periods of the economy, the conflicts of law method, consisted in the nationalization -or incorporation to a national legal order- of international or multinational economic relations, condemning them to the application of a rule designed to govern domestic relations. Even if some minor variations could be observed between the international and multinational periods, the conflict of law method in both economic periods placed the Nation-State at the center of the law of contracts. The idea of the incorporation of international contracts in a different legal order gained importance during and in the aftermath of the Libyan petroleum arbitrations of the 1970s which revealed the need of a certain internationalization or delocalization of the law of contracts and autonomy of the contract itself. As a result of this movement of internationalization or delocalization of contracts two theoretical models were conceived: (i) the Contrat sans loi Model based on the idea that no legal order is fundamental to the contractual relation and (ii) the Lex Mercatoria or Transnational Law Model centered on the idea that contracts are incorporated in a transnational legal order. Regarding the methods of regulation, Professor Eric Loquin made, in its General Course at the Hague Academy of International Law of , an interesting parallel between the transformation of the economy and the transformation or evolution of the principle of party autonomy in the so-called international contracts: (i) the International Model, in which the parties to an international contract had the right to choose a national law with a relevant connection with the economic operation at hand, (ii) the Multinational Model, in which the parties to an international contract had the right to choose a national law with or without a relevant connection with the economic operation, and (iii) the Global or Transnational Model, in which the parties have the right to choose that their contracts be governed by rules of law without any connection to a national legal system, such as a global or transnational legal systems and rules. This evolution of the law of contracts, however, is not recognized by all systems of law. Some of them still live in the past, as it seems to be the case, for example, of the 1960s mindset prevalent in the European Union s Rome I Regulation. If not all systems of law recognize this evolution of contract law, transnational arbitrators are as such sensitive to this reality and arbitral rules all over the world recognize the validity of parties choice to govern their contracts by rules of law and not necessarily by the law of one Nation-State. No wonder why arbitration is 2 Eric LOQUIN, Les règles matérielles internationales, Académie de droit international de la Haye, Tome 322, Martinus Nijhoff Publishers, 2007, p. 61 et ss.
5 often one of the organs of governance and the preferred method of dispute resolution of the new world order of economic relations. From International Arbitration to Transnational Arbitration Unsurprisingly, the parallel drawn between the international, multinational and global models of the economy and the law of contracts can also be made in relation to the law of arbitration. As it was exposed by Professor Emmanuel Gaillard in its 2007 General Course at the Hague Academy of International Law 3, the evolution of the law of international arbitration can also be studied and analyzed through the very same three models: (i) the International Model, based on the conflicts of law method, that centers arbitration exclusively on the law of the seat of arbitration, (ii) the Multinational Model, closer to the Contrat sans loi ideology, that focuses entirely on the law of the place of enforcement of the arbitral award, and (iii) the Global or Transnational Model, which is based on the existence of a global or transnational legal order and the incorporation of arbitrations in that legal order. In his presentation, Professor Gaillard endorses the idea of a transnational arbitral legal order, which is one of many theoretical possibilities under the Transnational Law Model. In sum, while the first two models, in line with the international and multinational ideologies and its conflicts of law method, placed the Nation-State at the center of economic relations and arbitrations, the third one conceives arbitrations as part of a global or transnational economy and places world markets, and their methods of transnational regulation and governance, at the center of the whole construct. We submit that signs of the existence of an arbitral legal order, autonomous from national, international and other transnational legal orders, may be found in modern arbitral jurisprudence. The perception of the existence and autonomy of the arbitral legal order is palpable when arbitrators deal with procedural issues and when determining the applicable substantive rules to the merits of the dispute. For example, it is not unusual for arbitrators to base their orders and decisions on the règles de l art de l arbitrage without any reference to the law of the seat of arbitration or the law of the enforcement of the arbitral award. Moreover, they are progressively abandoning the methods based on the conflicts of law logic (the application of conflict of laws rules of the seat, the cumulative application of the rules of conflicts of law with substantial connections with the 3 Emmanuel GAILLARD, Aspects philosophiques du droit de l arbitrage international, Académie de droit international de la Haye, Martinus Nijhoff Publishers, 2008.
6 dispute, the general principles of conflicts of law method, etc) to adopt the more adapted transnational law methods such as the voie directe or the transnational rules method, which allow the adoption of rules specially designed to govern transnational economic relations: transnational rules. The three models of international arbitration and the methods applied to determine the applicable rules to procedural issues or to the merits of the dispute coexist to a certain degree and the application of one or the other depends exclusively on the background and arbitral culture of arbitrators, their perception of the reality of world law and economy and their understanding of globalization. THE THEORY OF THE NEW WORLD ORDER OF ECONOMIC RELATIONS The theory of the new world order of economic relations is based on the emergence of a new model of transnational regulation: the Transnational Law Model, which is based on the existence of a plurality of transnational legal orders and networks of transnational rules. The Emergence of a Transnational Law Model We submit that a Transnational Law Model has emerged as a consequence of economic globalization and that it is a convenient theoretical model to govern and regulate global markets. We also submit that the Transnational Law Model, also known as the Lex Mercatoria Model, founded in the 1960s by the École de Dijon and developed ever since by the CREDIMI-CNRS, is convenient as a theoretical model because it satisfies the interests and needs of economic operators and transnational communities worldwide. Using the terms of Professor Thomas Kuhn s epistemology, the Transnational Law Model is the result of four paradigm shifting scientific revolutions 4 : (i) the shift from an international economy to a global economy, (ii) the shift from traditional short-term contracts to modern longterm relational contracts, (iii) the shift from conflicts of law methods to transnational rules methods, and (iv) the shift from legal state positivism to legal pluralism. Four scientific revolutions that for one of the authors of this paper are embodied in the philosophical concept of the Rhinoceros 5. 4 Thomas KUHN, La structure des révolutions scientifiques, Champs sciences, Flammarion, Paris, Alfredo DE JESÚS O., The Prodigious Story of the Lex Petrolea and the Rhinoceros. Philosophical Aspects of the Transnational Legal Order of the Petroleum Society, TPLI Series on Transnational Petroleum Law (A. De Jesús O. and J. Cárdenas G. eds), Vol 1, N 1, Transnational Petroleum Law Institute, Paris, 2012., p. 12, n 7.
7 Following the concept of theoretical models described in Professor Stephen Hawking and Physicist Leonard Mlodinow s Grand Design, the Transnational Law Model can be considered both as an effective theory and as a manifestation of model-dependent realism. As an effective theory because the Transnational Law Model is a framework created to model certain observed phenomena (i.e. the globalization of the economy and the law) without describing in detail all of the underlying processes (i.e. the process of creation of transnational rules) 6. It is also an expression of model-dependent realism in the sense that it relies on the idea that a theory or world picture is a model and a set of rules that connect the elements of the model to observations. Furthermore, it largely meets the four conditions of a good theoretical model: it is (i) elegant, (ii) contains few arbitrary or adjustable elements, (iii) agrees with and explains all existing observations, and (iv) makes detailed predictions about future observations that can disprove or falsify the model if they are not borne out 7. The Emergence of a Plurality of Transnational Legal Orders The crisis of the Nation-State resulting from globalization, coupled with the lack of a World Government, global markets have reorganized adopting the values of the global economy. The relevant communities at the core of each transnational market constitute a plurality of transnational legal orders with their own organs, structures and methods of governance and regulation. The characterization of these transnational communities as transnational legal orders is based on the school of legal pluralism of Professors Santi Romano 8, François Ost and Michel van de Kerchove 9, among others. According to them, transnational communities or societies constitute institutions or social bodies which are forms of organization governed by rules of law and therefore considered as transnational legal orders. Some of these, for example the Lex Petrolea, the transnational legal order of the petroleum community, are organized following the Transnational Law Model. This is also the case of the transnational arbitration community at the core of the transnational arbitral legal order or the transnational construction community at the basis of the transnational legal order of the construction sector, the Lex Constructionis. These transnational communities largely meet the conditions of 6 Stephen HAWKING and Leonard MLODINOW, The Grand Design, Bantam Books, New York, 2010, p Stephen HAWKING and Leonard MLODINOW, The Grand Design, Bantam Books, New York, 2010, p Santi ROMANO, L ordre juridique (Traduction par L. François et P. Gothot), Réédition de la 2 e édition, Dalloz, Paris, François OST et Michel van de KERCHOVE, De la pyramide au réseau? Pour une théorie dialectique du droit, Publications des Facultés universitaires Saint-Louis, Bruxelles, 2002.
8 autonomy set out by the school of legal pluralism, so that they can be considered as legal orders: (i) social autonomy, meaning that the community is a social manifestation that can be considered by itself and for itself, (ii) organic autonomy, in the sense that the community has the capacity to create its own organs of governance and (iii) organizational autonomy, thus the community s capacity to create its own rules. Transnational legal orders are autonomous and independent from national and international legal orders and each is free to decide in an autonomous and unilateral manner to what extent they will recognize and interact with national, international, and other transnational legal orders. These legal orders are transnational precisely because they transcend the concept of the Nation-State; they reject the idea of the fragmented economic space of the international and multinational models. These transnational communities believe that economic operations in a globalized world and economy have little to do with the artificial geographic, political, cultural, legal and jurisdictional borders inherited from the fortunes and misfortunes in the process and history of the creation and organization of Nation-States and the international community. The Emergence of a Network of Transnational Rules Each transnational legal order has its own rules and methods to create their own rules or to incorporate rules from other legal orders into their own. In other words, they are free and autonomous to decide what constitutes a source of law within their order or not. This is a manifestation of their organizational autonomy. According to the Transnational Law Model, transnational rules of law may come from a plurality of sources. These sources of transnational rules can be national sources, international sources and non-national sources of law. The origin of transnational rules of law is absolutely irrelevant. That is one of the reasons why the Transnational Law Model does not recognize the differences between hard law of soft law which are in line with the paradigms of the past (international and multinational models and legal state positivism). In the Transnational Law Model, transnational rules are hard and soft at the same time, hard in the way they are applied, soft in the way they are created by -or incorporated into - transnational legal orders. Following Professor Loquin s thesis, what is important is that the transnational rule or the candidate to become a transnational rule has been specially designed to govern transnational economic relations and that it satisfies the need and interests of transnational communities 10. Due to the lack of a World Government and a World Democracy, the legitimacy of transnational rules is not to be found in the authority that issues the rule or the 10 Eric LOQUIN, Les règles matérielles internationales, Académie de droit international de la Haye, Tome 322, Martinus Nijhoff Publishers, 2007, p. 24, n 11.
9 process that was followed to adopt it. The legitimacy of transnational rules relies entirely on their acceptance and recognition by the members of transnational communities. This is also the reason why there is no hierarchy of norms in the Transnational Law Model, only a network of rules or candidates to become transnational rules. The legitimacy of the transnational rule and its eventual application will largely depend on the capability of such rule to satisfy the needs and interests of the economic operators and its transnational communities. The acceptance of the transnational rule might be recognized by their inclusion in the rules of professional associations, codes of conducts, model contracts and particularly by their use by economic operators and by arbitral tribunals. This one of the reasons why in the Transnational Law Model, arbitration is often considered as the preferred method of dispute resolution and also as one of the organs of governance of transnational legal orders a statement that would oblige us to work to raise the consciousness of transnational arbitrators about their role and responsibility in this fascinating moment in the history of the rule of law. Conclusion The idea of a new world order of economic relations is based on observations on the evolution of economic globalization as well as that of the rule of law as we interpret them from a series of phenomenons: the emergence of new actors, powers and dynamics, the normative production of state and non-state institutions, the practices and usages of economic operators, the organization of transnational communities and markets, the architecture and content of modern transnational contracts and transactions and the intellectual structure and mindset behind modern arbitral decisions. The Transnational Law Model provides a philosophical, epistemological and theoretical explanation and framework to those observations and we submit that it is a convenient model to explain the New World Order of Economic Relations one that would enhance certainty of the rule of law and the legitimacy of arbitral awards.
942 EJIL 20 (2009), 919 964 Emmanuel Gaillard. Aspects philosophiques du droit de l arbitrage international. Leiden : Martinus Nijhoff Publishers, 2008. Pp. 432. 128. ISBN: 9789004166196. The conventional
THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical
«Les acteurs non étatiques dans la globalisation juridique» vendredi 29 Octobre 2010 Table ronde organisée par La Chaire "Mutations de l'action Publique et du Droit Public", Sciences Po. Wilfried Bolewski
Legal normativity: Requirements, aims and limits. A view from legal philosophy Elena Pariotti University of Padova firstname.lastname@example.org INTRODUCTION emerging technologies (uncertainty; extremely fast
Title: The Unidroit Principles as the Law of the Contract in France and the US Information about author: Johanna Hoekstra is a PhD candidate in international commercial law at the University of Essex Abstract
Pace International Law Review Volume 19 Issue 1 Spring 2007 Article 4 April 2007 Litigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights Roy Goode Follow this
THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical
Published at Yearbook Comm. Arb'n XXXII, Albert Jan van den Berg, ed. (Kluwer 2007) 93-106. Copyright owner: The International Council of Commercial Arbitration (ICCA). Reprinted with permission of ICCA.
1 Lesson 3 March, 9th, 2017 WHAT IS LEGAL PLURALISM? We can distinguish classical and new legal pluralism. Legal pluralism was confined in three ways: Classical: geographically, it concerned only the interplay
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 13 August 2015, in the following composition: Geoff Thompson (England), Chairman Jon Newman (USA), member Mario Gallavotti (Italy),
Jean-Bernard Auby Professeur de droit public Directeur de la Chaire «Mutations de l Action Publique et du Droit Public» (MADP) 13 rue de l Université 75007 Paris Tél. : 0(033)1 45 49 76 31/32 Fax : 0(033)1
Codes of conduct at Canadian multinational enterprises (MNEs): at the confines of private regulation and public policy on labour Guylaine Vallée Gregor Murray Michel Coutu Guy Rocher Anthony Giles Research
Research Seminar June 7-8, 2012 Maison franco-japonaise (Tokyo) The New Normative Spaces of Globalization On International Commercial Arbitration in Asia and the Principles of Asian Contract Law Co-organized
ALINA IOANA APREOTESEI THE INTERNATIONAL CRIMINAL COURT: STARTING WITH AFRICA? Ph.D. Thesis Abstract SUPERVISOR: PROF. DR. KOVÁCS PÉTER Péter Pázmány Catholic University Faculty of Law and Political Sciences
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION
ACTA UNIVERSITATIS AGRICULTURAE ET SILVICULTURAE MENDELIANAE BRUNENSIS Volume LX 60 Number 2, 2012 THE PROCESS OF EUROPEANIZATION OF LAW IN THE CONTEXT OF CZECH LAW M. Večeřa Received: November 30, 2011
International Arbitration Law Library CORRUPTION IN INTERNATIONAL TRADE AND COMMERCIAL ARBITRATION by ABDULHAY SAYED LL.B. (Damascus), LL.M (Harvard) DES, Ph.D. (IUHEI - Geneva) KLUWER LAW INTERNATIONAL
Modèle de Contrat d Agent Commercial pour l Inde Modèle de Contrat d Agent Commercial utilisé lorsqu une société étrangère désigne un agent commercial en Inde afin que celui-ci fasse la promotion et vende
SEMINARIO / SEMINAR Derecho internacional público y Derecho internacional privado: Un encuentro necesario Public International Law and Private International Law: A Necessary Meeting ASADIP CONFERENCE PORTO
REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Giorgio Uzielli Case Decision No. 229 29 July 1963 VOLUME XVI pp. 267-271 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 GIORGIO
REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Caccamese Case Decision No. 8 11 April 1952 VOLUME XIV pp. 101-106 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 ITALIAN-UNITED
56 08 EUROMED SURVEY Qualitative Analysis EU-TUNISIA COOPERATION ON SECURITY AND COUNTER- TERRORISM 1 GILLES DE KERCHOVE EU Counter-terrorism Coordinator 2 The EU has developed a privileged working relationship
and and Fall 2015 and : How Do We Know? the theory of knowledge, especially with regard to its methods, validity, and scope. is the investigation of what distinguishes justified belief from opinion. the
CHOICE OF LAW FOR CONTRACTS IN CHINA: A PROPOSAL FOR THE OBJECTIVIZATION OF STANDARDS AND THEIR USE IN CONFLICTS OF LAW Luo Junming" INTRODUCTION Choice-of-law in the area of contracts is one of the most
EU Council Working Group on Public International Law - COJUR Address by Ms. Patricia O Brien Under-Secretary-General for Legal Affairs The Legal Counsel Wednesday, 6 February 2013 Justus-Lipsius-Building,
University of Peloponnese From the SelectedWorks of Marios Papaloukas 2013 CAS - The Court of Arbitration for Sport Marios Papaloukas, University of Peloponnese Available at: https://works.bepress.com/sports_law/37/
1 BABEŞ-BOLYAI UNIVERSITY CLUJ-NAPOCA FACULTY OF HISTORY AND PHILOSOPHY SUMMARY OF THE Ph.D. THESIS THE REFORM OF THE UNITED NATIONS SECURITY COUNCIL AND CONFLICT MANAGEMENT SCIENTIFIC COORDINATOR Prof.
Guide to ICC ADR Contents Part 1: Introduction... 1 Characteristics of ICC ADR... 1 Overview of the Rules... 2 Part 2: Analysis of the ICC ADR Rules... 3 Preamble... 3 Article 1: Scope of the ICC ADR Rules...
JEAN-CHRISTOPHE MARTIN, LES RÈGLES INTERNATIONALES RELATIVES À LA LUTTE CONTRE LE TERRORISME, (BRUXELLES: BRUYLANT, 2006) Par Kimberley N. Trapp * Les règles internationales relatives à la lutte contre
C H A P T E R 7 THEORIZING THE SOURCES OF INTERNATIONAL LAW samantha besson* I. Introduction Although, and probably because, it is one of the most central questions in international law, the identification
THEORETICAL OUTLINES OF COMPARATIVE LAW METHODOLOGY Ionuț TUDOR Al. I. Cuza, Faculty of Law Iași, România Nt_tudor@yahoo.com Abstract: In the following paper, we will be mapping comparative law as an enterprise
RICR Juin IRRC June 2004 Vol. 86 N o 854 379 Marking of cultural property with the distinctive emblem of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
ISSUES OF LEGITIMIZING POLITICAL POWER IN THE FIRST HALF OF THE TWENTIETH CENTURY: MAX WEBER AND KARL JASPERS Nicolae IUGA Vasile Goldiş Western University of Arad Faculty of Humanities, Politics and Administrative
Nations Unies et ONG: Quelle place ensemble dans les processus du développement? d Ricardo Espinosa Chef, Unité de liaison avec les ONG Office des Nations Unies à Genève, ONUG The UN today Il n y a pas
THE NATIONALITY OF SHIPS THE NATIONALITY OF SHIPS BY H.MEYERS Senior Lecturer in International Law, University of Amsterdam FOREWORD BY D. H. N. JOHNSON Professor of International and Air Law, University
TENDENCIES IN DEFINING AN OPTIMUM GLOBALIZATION MODEL Cătălin C. POPA, Lecturer Naval Academy Mircea cel Bătrân, Constantza, Romania email@example.com, firstname.lastname@example.org Abstract Over viewing the most
THE CONCEPT OF INTERNATIONAL DEVELOPMENT LAW Anthony School of Law, University of Westminster, UK Keywords: neo-liberalism, Washington consensus, methological individualism, pacta sunt servanda, economic
PILAGG Final Meeting 2011-2012 May 11, 2012 Here is a report of what has been discussed within the Final Meeting of PILAGG, on May 1 st, 2012, at Sciences Po's lecture hall Jean Moulin (13 Rue de l'université,
ARBITRATION OF DISTRIBUTION DISPUTES REVISITED A COMMENT ON SEBASTIAN INTERNATIONAL INC. v COMMON MARKET COSMETICS NV Patrick Wautelet 1 If there has been a contribution of Belgium to the practice of international
International Chamber of Commerce The world business organization Commission on Anti-Corruption Combating Extortion and Bribery: ICC Rules of Conduct and Recommendations 2005 edition International Chamber
J.-S. Bergé, The Territoriality Principle and Intellectual Property, CEJEC WP-2010/6 Document de travail Working paper : www.cejec.eu Version définitive à paraître / final version published Lamy / Kluwer
ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE ICC SECRETARIAT ] IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE
DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES By Edward McWhinney Professor of international law The Declaration on the Granting of Independence to Colonial Countries and
PERMANENT COURT OF ARBITRATION THE MANOUBA CASE FRANCE v. ITALY AWARD OF THE TRIBUNAL Unofficial English Translation Arbitrators: K. H. L. de Hammarskjöld G. Fusinato M. Kriege L. Renault M. de Taube The
Alapini Gansou, Reine (Benin) [Original: French] Statement of qualifications The Republic of Benin ratified the Rome Statue of the International Criminal Court in January 2002. In collaboration with the
The CISG at 35: its Assessment as a Treaty and as a Legislative Model Luca Castellani Legal Officer, Secretariat Assessing the CISG Series of events to celebrate the 35 th anniversary of the CISG (ongoing)
41 THE PARTICULARITIES OF NON-MATERIAL DAMAGES IN ROMANIAN CIVIL LAW * Abstract The topic of this article may be analysed only by proceeding from the conception on civil liability. In our civil law, delictual
Brexit Essentials: Dispute resolution clauses In this briefing, we consider the potential impact of Brexit on contractual dispute resolution clauses. EU law underpins these clauses. When that law ceases
Canadian Social Science Vol.4 No.2 April 2008 Constructivism and Evolutionism: The Tactic of Government s Behavior in the Institutional Transition CONSTRUCTIVISME ET ÉVOLUTIONNISME : TACTIQUE DU COMPORTEMENT
Article "Economic Cooperation in Modern Economic History" J. A. Raftis Relations industrielles / Industrial Relations, vol. 7, n 3, 1952, p. 241-246. Pour citer cet article, utiliser l'information suivante
ICC-01/04-01/07-3153 13-09-2011 1/7 CB T Cour Pénale Internationale International Criminal Court Original: English No.: ICC-01/04-01/07 Date: 13 September 2011 TRIAL CHAMBER II Before: Judge Bruno Cotte,
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2015/A/3872 Fédération Internationale de l Automobile (FIA), Qatar Motor and Motorcyle Federation (QMMF) & Nassr Al-Attiyah, award
B. Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions By: Ava J. Borrasso, Founder, Ava J. Borrasso, P.A., Miami Litigators called to analyze contract disputes
Louisiana Law Review Volume 34 Number 5 Special Issue 1974 FRENCH LAW - ITS STRUCTURE, SOURCES, AND METHODOLOGY. By René David. Translated from the French by Michael Kindred. Baton Rouge, Louisiana State
Bulletin of the Transilvania University of Braşov Series VII: Social Sciences Law Vol. 6 (55) No. 2-2013 INHERITANCES WITH EXTRANEOUS ELEMENTS - THE INTERNATIONAL TESTAMENT Diana G. IONAŞ 1 Abstract: Inheritance
Global Democracy and Sustainable Jurisprudence: Deliberative Environmental Law Walter F. Baber and Robert V. Bartlett The MIT Press Cambridge, Massachusetts London, England 2009 Massachusetts Institute
Journal of International Dispute Settlement, Vol. 2, No. 1 (2011), pp. 59 85 doi:10.1093/jnlids/idq019 Published Advance Access January 2, 2011 The Concept of Law in Transnational Arbitral Legal Orders
CONFÉRENCE DE LA HAYE DE DROIT INTERNATIONAL PRIVÉ HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW AFFAIRES GÉNÉRALES GENERAL AFFAIRS Doc. prél. No 7 Prel. Doc. No 7 avril / April 2000 LES ÉCHANGES DE DONNÉES
Strasbourg, 30 October 2000 CJ-NA(2000) 13 COMMITTEE OF EXPERTS ON NATIONALITY (CJ-NA) Report on Multiple Nationality 1 1 This report has been adopted by consensus by the Committee of Experts on Nationality
Socio-Legal Course Descriptions Updated 12/19/2013 Required Courses for Socio-Legal Studies Major: PLSC 1810: Introduction to Law and Society This course addresses justifications and explanations for regulation
DOSSIER DE PRESSE / PRESS PACKET 1 PRESS PACKET Press Release List of participants Background and goals of the conference The organizers The ICTR and International Justice The ICTR in figures Programme
1 This project is co-financed by the European Union INTERACTION between BRUSSELS I bis, ROME I AND ROME II All three Regulations: No 593/2008 of the European Parliament and of the Council of 17 June 2008
International Academy of Comparative Law Académie Internationale de Droit Comparé LEGAL CULTURE AND LEGAL TRANSPLANTS LA CULTURE JURIDIQUE ET L ACCULTURATION DU DROIT Reports to the XVIIIth International
IBA PRIVATE ENFORCEMENT - ARBITRATION (i) Role of arbitration in the enforcement of EC competition law Commercial contracts frequently refer disputes to be determined and settled by arbitration. This is
THE FRENCH CONSTITUTIONAL CHARTER FOR THE ENVIRONMENT : A HISTORIC IMPLEMENTATION OF JURIDICAL HUMANISM PROTECTING FUTURE GENERATIONS? INTRODUCTION INTRODUCTION A vast process of intellectual conversion
BOOK IV ARBITRATION * Title II International Arbitration 1 Article 1504 An arbitration is international when international trade interests are at stake. Article 1505 In international arbitration, and unless
Localities, Vol. 4, 2014, pp. 287-293 Constellations : Trajectoires révolutionnaires du jeune 21e siècle, by DE Collectif, Mauvaise troupe, de l Eclat, Paris, 2014, 704pp. Matthijs Gardenier Université
This project is co-financed by the European Union Rome I Regulation Choice of law Absence of Choice of law Slovak Case law Kristián Csach Faculty of law, University of Trnava Judicial academy Slovak republic
Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011
WIPO Special Update on WIPO Alternative Dispute Resolution GRUR Annual Meeting Hamburg September 27-30, 2017 Erik Wilbers, WIPO Arbitration and Mediation Center World Intellectual Property Organization
Arbitration Institute of the Stockholm Chamber of Commerce Bridging the Climate Change Policy Gap The Role of International Law and Arbitration Concluding Keynote: IBA Initiatives in support of climate
2018 ISDA Choice of Court and Governing Law Guide International Swaps and Derivatives Association, Inc. Copyright 2018 by International Swaps and Derivatives Association, Inc. 10 E 53 rd Street 9th Floor
SOCIAL CLASSES AND BUREAUCRACY IN BAKUNIN Felipe Corrêa The state has always been the patrimony of some privileged class: a priestly class, an aristocratic class, a bourgeois class, a bureaucratic class
CML 4150/2129: Globalization and Law 3 credits Professor Errol P. Mendes SEM 1 Monday 10:00-11:30 FTX 102 SEM 2 Wednesday 13:00-14:30 FTX 315 Fall Term, 2014 Teaching Method: Lectures, research by students
GLOBALIZATION AND THE TRANSNATIONALIZATION OF COMMERCIAL AND FINANCIAL LAW J.H. Dalhuisen* I. INTRODUCTION Globalization of trade has been with us for a long time. After World War II, globalization s aim
Goettingen Journal of International Law 4 (2012) 2, 575-583 The Relationship Between Constitutionalism and Pluralism Geir Ulfstein Table of Contents A. Introduction... 576 B. Do we Have an International
Inter-American Development Bank Integration and Trade Section POLICY BRIEF Labor Provisions in U.S. Free Trade Agreements Case Study of Mexico, Chile, Costa Rica, El Salvador and Peru No. IDB-PB-172 Andrew
Annex - page 1 ANNEX DRAFT AGREEMENT BETWEEN THE GOVERNMENT OF ROMANIA AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) CONCERNING THE ESTABLISHMENT IN MĂGURELE-BUCHAREST,
Louisiana Law Review Volume 17 Number 4 June 1957 ASPECTS PHILOSOPHIQUES DU DROIT INTERNATIONAL PRIVÉ, by Henri Batiffol. Librairie Dalloz, Paris, 1956. Pp. 346. Raymond Jeanclos Repository Citation Raymond
COUNCIL OF THE EUROPEAN UNION Brussels, 26 October 2011 16023/11 PI 141 COUR 62 WORKING DOCUMENT from: Presidency to: Delegations No. prev. doc.: 15539/11 PI 133 COUR 59 Subject: Draft agreement on a Unified
The International Labour Organization as a producer of statistical knowledge Workshop 25-26. 2. 2016 International Research Centre "Work and Human Lifecycle in Global History" Humboldt University Berlin
ERA Forum (2015) 16:119 124 DOI 10.1007/s12027-015-0391-2 EDITORIAL The new EU Succession Regulation in a nutshell Angelika Fuchs 1 Published online: 4 August 2015 ERA 2015 1 Introduction Multinational